Legal Literacy - This article attempts to explain the application of the Presumption of Innocence principle in Criminal Law. Let's take a look at the full explanation

Presumption of Innocence as a Basic Value

The consideration of the Criminal Procedure Code (KUHAP) contains the philosophical foundation for the formation of the KUHAP as the formal criminal law foundation that serves as a compass for law enforcement officials in Indonesia. The KUHAP places an equal position between law enforcement officials and suspects or defendants as equal in the eyes of God, as a form of representation of the principle of divinity. The KUHAP also stipulates that the enforcement process of criminal law must consider the dignity and self-respect of the suspect or defendant as a legal subject so that it cannot be done arbitrarily. This then indicates that there is equality of rights and there should be no differences in human rights between officials and suspects and that they need to be protected and maintained. Therefore, in the law enforcement process criminal law, there is a presumption of innocence, or known as Presumption of innocent.

Principle of Presumption of Innocence

The principle of presumption of innocence means that a person is presumed innocent until proven guilty by a court decision that has permanent legal force. This principle is a fundamental principle in criminal law as a reference direction in carrying out criminal law enforcement. The application of this principle has been mentioned previously in the general explanation of the KUHAP and in Law Number 48 of 2009 concerning Judicial Power which states that everyone who is suspected, arrested, detained, prosecuted, or brought before a court, must be presumed innocent. This principle is a universally applicable principle, or not only applicable in Indonesia, but also applicable to the international world.1

Although this principle is not included in the Bill Of Rights of the United States Constitution, this principle is considered an undeniable and fundamental principle in United States jurisprudence.2 The presumption of innocence is basically a manifestation of equality of rights in civil, state administrative, and criminal proceedings. However, this principle tends to be better known in criminal proceedings because it is directly stated in the KUHAP, while for other judicial processes it is not explicitly regulated in statutory regulations.